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Trump DOJ Argues Jan. 6 Rioter's Firearms Conviction Should Be Overturned Due to Pardon, Limited Resources

The administration claims Benjamin John Martin's gun charges, which stemmed from a search related to the Capitol attack, should be exonerated because his prior domestic violence conviction prohibiting firearm possession would not have been discovered otherwise.

The Trump administration is urging a federal judge to overturn the firearms conviction of Benjamin John Martin, arguing that President Donald Trump's blanket pardon for Jan. 6 defendants effectively exonerates him on related charges and that continued prosecution would drain limited Justice Department resources.

Background

Benjamin John Martin was among the rioters who breached the U.S. Capitol on Jan. 6, 2021, supporting then-President Donald Trump's efforts to overturn the 2020 presidential election results. He was ultimately convicted of felony civil disorder and obstructing an official proceeding in connection with his participation in the attack.

In September 2021, federal agents arrested Martin at his home in Madera, California, on the Jan. 6-related charges. During execution of a search warrant connected to the Capitol breach investigation, authorities discovered an arsenal of illegal weapons: eight firearms including an AR-15-style assault rifle, high-capacity magazines, and more than 500 rounds of ammunition.

The discovery created a separate legal problem for Martin. He was prohibited from possessing firearms due to a prior domestic violence conviction that included a restraining order for choking his then-girlfriend and dragging her back into the house after she attempted to flee. Federal prosecutors in California separately charged and convicted him on firearms possession charges.

Trump granted a blanket pardon to Jan. 6 defendants on the first day of his second term in January 2025, rendering Martin's Capitol-related convictions moot. The DOJ's new motion focuses solely on vacating the firearms conviction.

The Investigation

In an 18-page filing before the U.S. District Court for the Eastern District of California, the Justice Department argues that Martin's firearms conviction should be reversed because it "would not have come to light, let alone been prosecuted" absent his involvement in the Jan. 6 events.

"The pardon here applies 'to convictions for offenses related to events that occurred at or near the United States Capitol on January 6, 2021,'" the DOJ filing states. "That language is not limited solely to offenses that occurred at the U.S. Capitol on January 6, 2021. The words 'relate[d] to' in their 'normal sense' have a 'broad common-sense meaning' that potentially reaches anything having 'a connection with' the related-to events."

The motion further contends that even if the pardon language does not explicitly cover firearms offenses, continuing prosecution serves no purpose and strains limited government resources. "While this prosecution and appeal have consumed substantial resources of the United States Attorney's Office, continued prosecution of this case will potentially involve additional (yet scarce) resources," the filing notes.

The DOJ cites "significant staffing shortages" and an influx of "petitions for writs of habeas corpus" in immigration-detention cases as contributing to resource constraints that weigh against continued pursuit of Martin's firearms conviction.

The 9th U.S. Circuit Court of Appeals previously released Martin from jail following Trump's pardon but dismissed the administration's initial request to overturn the firearms conviction, prompting the renewed motion now before the district court.

"Here, the Department has determined that there is no sound reason to believe that Martin's possession of firearms at his home, while being a prohibited person, would have been discovered in a way other than as the unexpected byproduct of executing a search warrant seeking evidence related to Martin's conduct at the U.S. Capitol on January 6," the DOJ argues.

Key Takeaways

- Benjamin John Martin participated in the Jan. 6, 2021 Capitol breach and was convicted of felony civil disorder and obstructing an official proceeding

- During his arrest for those charges, FBI found eight firearms including an AR-15-style rifle at his Madera, California home

- Martin's firearms conviction stems from a prior domestic violence conviction that prohibited him from possessing weapons after choking his then-girlfriend

- Trump's pardon in January 2025 covered Jan. 6-related offenses but not the separate firearms charges

- The Trump DOJ argues both the pardon's broad language and limited resources justify vacating the firearms conviction

- It remains unclear when the district court will rule on the renewed motion to vacate

What's Next

The U.S. District Court for the Eastern District of California is expected to consider the DOJ's renewed motion to vacate Martin's firearms conviction. Legal observers note the case presents novel questions about how broadly Trump's Jan. 6 pardon language extends and whether resource constraints can justify dismissing valid criminal convictions. The outcome could affect other similar cases involving defendants whose non-Jan. 6 charges were discovered through Capitol breach investigations.

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